Loading...
HomeMy WebLinkAboutCAG2022-162 - Original - Westmark Construction, Inc. - Police Firing Range Ventilation Upgrade - 04/21/2022CAG2022-162 2/21/22 KENT w.s�I�.T�I PUBLIC WORKS AGREEMENT between City of Kent and Westmark Construction Inc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Westmark Construction Inc, organized under the laws of the State of Washington, located and doing business at 6102 N 9t" St, Suite 400 Tacoma, WA 98406, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Westmark Construction Inc shall provide all labor and material to replace City of Kent ballistic range ventilation system. The scope of work is removing and disposing of the existing ballistic range ventilation system. Installation of the new ballistic range ventilation system, in accordance with the indoor firing range ventilation system upgrade provided by SSC Engineering Inc, which is attached and incorporated as Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. 11. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 10 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by December 31, 2022. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $448,968.19, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 1 (Over $20K with Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered Department of Revenue and Contractor's business, and ha from the State of Washington. PUBLIC WORKS AGREEMENT - 2 (Over $20K with Performance Bond) s its business and established an account with the state other state agencies as may be required by the obtained a Unified Business Identifier (UBI) number The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of PUBLIC WORKS AGREEMENT - 3 (Over $20K with Performance Bond) all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; PUBLIC WORKS AGREEMENT - 4 (Over $20K with Performance Bond) 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub -contract, the Contractor, its sub -contractors, or any person acting on behalf of the Contractor or sub -contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's PUBLIC WORKS AGREEMENT - 5 (Over $20K with Performance Bond) performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable _Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. PUBLIC WORKS AGREEMENT - 6 (Over $20K with Performance Bond) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the. terms of this Agreement shall prevail. H. Com ii�ance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License, Reauired. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent Clty Code. PUBLIC WORKS AGREEMENT - 7 (Over $20K with Performance Bond) K. Counterparts -and Si n tures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: -Ine rem t �-- Its u (title DATE: (lq I'm Z'L NOTICES TO BE SENT TO: CONTRACTOR: Jesse Ferguson Westmark Construction, Inc. 6102 N. 91h St., Ste. 400 Tacoma, WA 98406 253-564-4620(telephone) (facsimile) PUBLIC WORKS AGREEMENT - 8 (Over $20K with Performance Bond) CITY OF KENT: By: — Print Name: Dana Ralph Its Mayor DATE: 04/21/2022 NOTICES TO BE SENT TO: CITY OF KENT: Eric Hemmen City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5800(telephone) (253) 856-6080(facsimile) APPROVED AS TO FORM: Law/Ded►artment 6u&- Kent City Clerk DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: (4 2 DZ2 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded Lhe Agreement. I, the undersigned, a duly represented agent G n,6,cB Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as V.0� WA-C, that was entered into on U c the V q /M ?__2 (date), between the firm I represent and the City of Ke nt. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By: For: Title: ?a); J"L Date: EEO COMPLIANCE DOCUMENTS - 3 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (03/24/2022), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Westmark Construction, Inc. By Printed Name: ►+� Title: Vdr Date: L City and and State vin � _ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 R PAYMENT AND PERFORMANCE BOND K E N T TO CITY OF KENT Bond no. 023221287 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Westmark Construction, Inc. as Principal, and The Ohio Casnalty Insurance Com pany a Corporation organized and existing under the laws of the State of 1txbccx kw, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ 448 968.19 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. *New Hampshire This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of City of Kent Police Firing Range Ventilation Upgrade /Project Number:FAC22-02 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. DY0 wrrxESS DATE: -7 I Z L f j Z PRINT NAME 11nnn [ PRINCIPAL (cote vrmop s n&m above) BY: AAJ�_�e+1rL- _ TITLE: DATE: .. 4 1 7 l Z 7- CORPORATE SEAL: DATE: i l�.L _ _ ►hc oh w Ca wbrr t'e Loom. SURETY CORPORATE SEAL: BY: _Y1i-. 1rr- l Man DATE: N-tVi T1TI - Atra�err•a�.l sct - — - ADDRESS: __too 146 Ave Subs 37W CERTIFICATE AS TO CORPORATE SEAL t hereby cartity that I am the (Assistant) Svcret4ry of the Corporatten named as Principal to the within Bond; that Who signed the said bond on beIWEf of the Prindpal of the said Corporation, that I know his signature thereto Is genuine, and that said Bond was duty signed, sealed, and attested for and In behalf of sa4 Corposatiori by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Li betly Mutual - SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No; 8207353-023049 KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companies"), pursuant to and by authority heroin set forth, does hereby name, constitute and appoint, A►iceon A. Kellner: Al ^ssa J. I.0 x; Arnhcr I. •urn Rccsc; Amelia O. Burrilk Annelies M. ltichic: Brandon K Rush: Brent E. Fleilesen; Carlc • lis riritu; Chrislo her Kin •on; ['yathttl L. Jai; Dana Marie l3rinklr v: l)innr P, I lardinit. fkul.tld Shnnl lin..lr.: uric A. Zimmerman- Hrtcn li. Mrsstc%i I i Alhers" :.1Awh'F. I I1iIflock,. James H. Bindcr: lawiC L. Mamucs:.lulic R. f'ruilt: Justin Dean Price: Knri Michelle Mode► Katharine J. Snider: Lindsev Elisine-lareetiseti: Lo i F. 'Wcallivii Micltncl MansficId. Misti M, Webb; Sara So hieScIIin;TannmaA.ltin 6Cit all of the city of T-rrCO100 slate of WA each Individually 11 there be more than one named, its true and lawful altorrley-in-last to make, execute, seal, acknowledge and *silver, for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of February , 2022 , of PENNSYLVANIA y of MONTGnMERY Liberty Mutual Insurance Company rV INS01, t"V-tY IN$& � 1NSr1►1iq The Ohio Casualty Insurance Company yn West American Insurance Company aaT °Msn a# den �3 Fein 1912 0 1919 n 1991 n HMlPik �D �e P ,Ab �9j� t f �y1 k ti� �dj • I•� By: David M [arey, Assistant Serrr+tary n � I On this 17111 day of 1'ctlr[rrtry , 2022 before me personally appeared David M. Carey, who acknowledged hflsself to be the AL"Oent Secretary of I" Mutual Insurance m company�1ii -ohio Casu—a y�'oriipany, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Inshument for the purposes w m therein contained by signing on behalf of the corporations by himself as a duly authorized officer. r O O C ([1 C71 N 01 `y � C O �6 [a c >O o� U IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. PA s,�{ Wnntaowea111t0Pavim ranlP-Nolxy3eel rv4 °a� art tY TeiesaPaelella,NAM Poll& tp Montgomery County ®®�� My commission expires March 2e. 2025 By: • by Commisaion nntnhel 1129044 1 �3vLt1` Maeabar, Panns,y!MniaAaefeelatnnr Notaries Teresa Pasteila, No Rubllc n1ty rA This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Atomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in wiling by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, fronds, recognizances and other surety obligations. Such attorneys -In -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed The- seats of said Companies this 29th day of March , 2022 . V 4NsU s3 oR aPe���rn 1912 LMS-12873 LMIC OCIC WAIC Multi Co 02/21 .tY IHS& 1N8U,p ��,, ra+ve�'Qry �t+Po°r`Pt'�r9�C1 8 an 0 1919 v 1991 a s0 sx�M4a�`�+�b�q YS �+YaiAdP .eL By: A �C_A � Renee C. Llewellyn, Assistant Secielafy 0 N a0 N M 00 0 CID EXHIBIT A BID PROPOSAL City of Kent Police Firing Range Ventilation Upgrade Project FAC22-02 24523 116th Ave SE, Kent WA. 98030 Proposal of (hereinafter called the "Bidder"), organized and existing under the laws of the State of Washington and doing business as * Westmark Construction, Inc. (*Insert "a corporation", "a partnership", or "an individual") To the OWNER (City of Kent): In compliance with your Invitation to Bid, the Bidder hereby proposes to furnish all labor and materials specified herein necessary for and incidental to the completion of the work in strict accordance with the Contract Documents, within the time set forth herein, and at the lump sum price stated below (not including WSST). A. LUMP SUM BASE BID: Provide all labor and materials required for the City of Kent Police Firing Range Ventilation Upgrade, as shown on the drawings and as specified in the project manual for the lump sum price (which does not include Washington State Sales Taxes (WSST)). Provide an accompanying Schedule of Values broken down by CSI Division, c r 6�?f3m �Ci�l�y.r� _o�u�sIP1�j. r9 Ue f-eeq B. WITHDRAWAL OF BID: No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening. C. STATE SALES TAX: The undersigned agrees that the above named Lump Sum and Bid Alternate do not include Washington State and local sales taxes (WSST). WSST will be paid to the Contractor with each pay application. D. OVERHEAD AND PROFIT: The undersigned agrees that the above Bids do include overhead, profit, and all other expenses involved. E. COMMENCEMENT OF WORK: The bidder hereby agrees to commence work under this contract within five (5) calendar days after the Notice to Proceed and to fully complete the work within the time established in paragraph C of this proposal. F. BID SECURITY: Bid security is required for this project. A Performance and Payment bond will be required of the successful bidder. G. ADDRESS: Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. H. SELECTION CRITERIA: This bid is being made in accordance with the Owner's procedures and shall be evaluated as follows: 1. Responsiveness. The Owner will consider all material submitted by the contractor to determine whether the Contractor's proposal is in compliance with the invitation to bid. 2. Responsibility. The Owner will consider all material submitted by the contractor, and other evidence it may obtain otherwise, to determine whether the contractor is capable of and has a history of successful ly completing contracts of this type. The following elements may be given consideration by the Owner in determining whether a contractor is a responsible contractor: a) The ability, capacity and skill of the contractor to perform the contract and/or provide the service required; b) The character, integrity, reputation, judgment, experience and efficiency of the bidder; c) Whether the contractor can perform the contract and do so within the ti me specified; d) the quality of performance by the contractor on previous and similar contracts; e) The previous and existing compliance by the bidder with laws relating to the contract or services; and f) such other information as may be secured having bearing on the decision to award the contracts. When requested by the Owner, contractors shall furnish acceptable evidence of the contractor's ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the contractor's ability to obtain the necessary personnel. Refusal to provide such information upon request may cause the bid to be rejected. 3. Lowest Bid: The lowest bid K. SIGNATURE: By signing this Bid Proposal, the undersigned bidder agrees to submit all insurance documents, performance bonds, and signed contracts within ten (10) calendar days after City awards the Contract and be bound by al I terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. The Bidder acknowledges the receipt of Addenda to the contract documents as follows: Addendum No. 2. 3/24/2022 Bid Date 6102 N. 9th St., Ste. 400 Address 1 Westmark Construction, Inc. Company Name Tacoma, WA 98406 Address 2 253-564-4620 Telephone Number 253-566-9441 Fax Number Jesse Ferguson Submitted By (Printed Name) Project Manager Title jferguson@westmarkconst.com E-mail address END OF BID PROPOSAL CITY OF KENT SUBCONTRACTOR LIST (Contracts over $100,000) List each subcontractor, from any tier of subcontractors, that shall perform subcontract work amounting to more than 10% of the total bid contract price. List each bid item to be performed by each designated subcontractor in numerical sequence. If no subcontractors will be performing 10% or more of the work, indicate this by writing "None" and signing this form at the bottom of the page. Failure to submit a fully completed and signed subcontractor list after the time set for bid opening may disqualify your bid. Project Name: City of Kent Police Firing Range Ventillatign Upgrade Project Number: FAC22-02 Subcontractor Name ��. �-f�J �� ► u. ur Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Jesse Ferguson CONTRACTOR'S SIGNATURE r ��r CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) 3/24/2022 This statement relates to a proposed contract with the City of Kent named City of Kent Police Firing Range Ventilation Upgrade Project Number: FAC22-02 I am the undersigned bidder or prospective contractor. I represent that - 1. Dqsse FergwonEi) have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. Westmark Construction, Inc. NAME OF BIDDER BY; Jesse Ferguson -Project Manager SI ATU RE/TITLE Westmark Construction, Inc. 6102 N. 9th St., Ste. 400 Tacoma, WA 98406 ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such, all contractors, subcontractors, and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract. The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract, I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this contract, the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. by signing oeiow, i agree to ruiriii the rive requirements rererencea above. By: Jesse Ferguson1� For: Westmark Construction Title: Project Manager Date: 3/24/2022 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. I, the undersigned, a duly represented agent of Westmark Construction, Inc. Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as City of (Cent Police Firing Range Ventilation Upgrade PtQiect, that was entered into on the (Date) 3/24/2022 , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned contract. By: Jesse Ferguson �f For: Westmark Construction Title: Project Manager Date: 3/24/2022 NUMBER: 1.2 SUBJECT POLICY: CITY OF KENT ADMINISTRATIVE POLICY EFFECTIVE DATE: January 1, 1998 MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. WESTMARK CONSTRUCTION Equal Employment Opportunity It is the policy of WCI to provide equal employment opportunity for all applicants and employees. WCI will not allow discrimination on the basis of race, color, creed, sex, gender identity, national origin or ancestry, age, religion, marital status, sexual orientation, mental or physical disability, medical condition, military status or any other factor rendered unlawful by federal, state or local law. This policy applies to all areas of employment, including recruitment, hiring, training, promotion, compensation, benefits, and transfers. Further, it is our policy that employees not discriminate against each other or non -employees based upon these factors. In addition, WCI prohibits the unlawful harassment of any individual (see non -harassment policy). To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, WCI will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee, unless undue hardship would result. Any applicant or employee who requires an accommodation in order to perform the essential functions of their position should contact the human resources department staff and request such an accommodation. WCI will engage in an interactive process with the employee and identify possible accommodations, if any. If the accommodation is reasonable and will not impose an undue hardship, WCI will make the accommodation. If you believe you have been subjected to any form of unlawful discrimination, provide a verbal or written complaint to Senior Management. WCI will investigate and attempt to resolve the situation. If WCI determines that unlawful discrimination has occurred, appropriate action will be taken. WCI will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management or your co-workers. BIDDER RESPONSIBILITY .CRITERIA Statement that Bidder Has Not Been Disqualified This statement is required by state law (RCW 39.04.350(1)(f)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (December 16, 2021), the bidder has not been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Westmark Construction, Inc. Bldde A- uslness Name 5 i g 6e-of art -5g1cip i fesse Ferguson Printed Name Project Manager Title 3/24/2022 Date Tacoma City WA State * If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date December 16, 2021 the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Westmark Construction, Inc Bidder's Business Name Signat of A thorized Official* Ward Johnson Printed Name President Title 3/24/2022 Tacoma WA Date City State * If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to him/her, on or before five (5) calendar days from the date of the Notice to Proceed and agrees to complete the Contract within (90) Working days after issuance of the City's Notice to Proceed. The undersigned bidder hereby agrees to submit all insurance documents, performance bonds and signed contracts within ten (10) calendar days after City awards the Contract. The City anticipates issuance of the Notice to Proceed on the day of the preconstruction meeting. No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s to the plans and/or specifications is hereby acknowledged. Failure to acknowledge receipt of the addenda may be considered an irregularity in this proposal. By signing this Proposal Signature Page, the undersigned bidder agrees to accept all contract forms and documents included within the bid packet and to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. DATE: 3/24/2022 Westmark Construction, Inc. NAIL IDD R Sig I:ure of Authoriie-d- presentative Jesse Ferguson - Project Manager (Print Name and Title) 6102 N. 9th St., Ste. 400 Address Tacoma. WA 98406 CITY OF KENT COMBINED DECLARATION FORM: NON -COLLUSION, MINIMUM WAGE NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: AND 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration. MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. City of Kent Police Firing Range Ventilation Upgrade Project Project Number:FAC22-02 NAME OF PROJECT Westmark Construction, Inc. NAME OF BIDDER'S FIRM � y Jesse Ferguson -Project Manager 5I43ATURE OF-AUTH&RI ED REPRESENTATIVE OF BIDDER CHANGE ORDER NO. [Enter * 11 2, 3, etc.] NAME OF CONTRACTOR: [Insert Comnany Namel ("Contractor") CONTRACT NAME & PROJECT NO: [Insert Name of Original Contract & from 4, if applicable] ORIGINAL CONTRACT DATE: Ilnsert Date Original Contract was SianedI This Change Order amends the above -referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: [Insert detailed description of additional materials, services, etc., that are needed which necessitate this change order - Be as detailed as possible. You may also refer to an attached exhibit, but clearly identify the exhibit by title and date] 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $ (including applicable alternates and WSST Net Change by Previous Change $ Orders Current Contract Amount $ (incl. Previous Change Orders Current Change Order $ Applicable WSST Tax on this Order $ -Change Revised Contract Sum $ Original Time for Completion (insert date) Revised Time for Completion under prior Change Orders (insert date) Days Required (f) for this working days Change Order Revised Time for Completion (insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent Special Provisions and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above -referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Will Moore Its Facilities Superintendent (title) DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department KENT PAYMENT AND PERFORMANCE BOND W.I -NOTpN TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and v- _ -- a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of City of Kent Police Firing Range Ventilation Upgrade /Project Number:FAC22-02 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: DATE: PRINT NAME DATE: PRINCIPAL (enter principal's name above) BY: TITLE: DATE: CORPORATE SEAL: SURETY CORPORATE SEAL: BY: DATE: TITLE: ADDRESS: CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal of the said Corporation, that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY 4 eo �11 I *.� KE1 NT was xixe.nx PUBLIC WORKS AGREEMENT between City of Kent and [Insert Contractor's Company Name] EXHIBIT A THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and [Insert Contractor's Co. Name], organized under the laws of the State of [Insert State Company formed under], located and doing business at [Insert Contractor's Address, Phone Number, and Contact Person], (hereinafter the "Contractor"). The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: [Insert detailed description of services contractor Is providing. Be as detailed as possible. You may attach an exhibit so long as the exhibit is clearly referenced and identified by title and date]. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within [Insert # of days] [calendar or working] days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed [Type either "within" or "by" depending on deadline in next form field] [Insert either a date specific or enter # of days, weeks, months, yeas, etc.]. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed [Insert maximum dollar amount to be paid for services - Must be over $20K to use this form. You may type out the dollar amount and enter the numerical dollar amount in parentheses or you may just enter the numerical dollar amount], including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall Invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. Card Pg,ment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 1 (over $20K with Performance Bond) EXHIBIT A A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed In a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Wg[k. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, Incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retalned the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. PUBLIC WORKS AGREEMENT - 2 (Over $20K with Performance Bond) LXHIBIT A The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order Is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. PUBLIC WORKS AGREEMENT - 3 (Over $20K with Performance Bond) EXHIBIT A VIII. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and PUBLIC WORKS AGREEMENT - 4 (Over $20K with Performance Bond) EXHIBIT A An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Regis. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Fqntractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failwe Lo Pr jstitutes Waive . By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitute VI[piyer. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials, (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not arrnmplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs Incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub -contract, the Contractor, its sub -contractors, or any person acting on behalf of the Contractor or sub -contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Equal Employment Oppurl.unity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Over $20K with Performance Bond) EXHIBIT A The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there,was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit [Insert Exhibit #] attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to. Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. iVon-Waiver of Br_Gh. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Wr tten No re. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written PUBLIC WORKS AGREEMENT - 6 (Over $20K with Performance Bond) EXHIBIT A notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall he, deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. ific t o . No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering In any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the, Contractor's business, eyuiprrrenl., and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor In Its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. City Business License Re uired. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures ax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or emall and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior PUBLIC WORKS AGREEMENT - 7 (Over $20K with Performance Bond) BID BOND Conforms with The American Institute of Architects, A,I,A, Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Westmark Construction, Inc, and the The Ohio Casualty Insurance Company of Seattle, WA as Principal, hereinafter called the Principal, a corporation duly organized under The laws of the State of New Hampshire , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Kent in the sum of Five Percent (5%) of Bid Amount as Obligee, hereinafter called the Obligee, Dollars ($ Five Percent (5%) of Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City of Kent Police Firing Range Ventilation Upgrade, FAC22-02 NOW, THEREFORE, if the Obligee sltall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Sigrt d sealed this 24th day of March 2022 West Cons uc ' n, In (Seat) 'nucilfal lVltnrss I W _ Title The Ohio CaA Insura ce Company Witness Hoili Albers Attorney -in -Fact 6-00541GE 12100 XDP N c m '0 c0 n U s Q mro C y (13 a 2 tU O C ? aN W N 0 Q) N Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8207353.023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aliceon A. Kellner. Aly84il J. 1.P3wn Amber I svn11 Hera; Amclia G. Iklrrill; Aimelies M. Itichic; Brnndon K. lltWs; Brent E. Heilesen; ('Arley F.Vifiln: [..hria,�lar Kinyrlu; Jumill Dean all of lha city of Tacoma slateof WA each individuaty if there be more Ilia', one nary d, IN true and fattrhrl allnrnayin-fad to inalim. execute, seal, arllnnwfelfga and dPllvnr, far anti an its behalf as surety and as Its act and deed. any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 171h day of Febntnry , 2022 . Liberty Mutual Insurance Company P4 VNSr1y� _,I,(INS& � ►Nsr,rp� The Ohio Casualty Insurance Company �pnrO ,,n nm , °oP"o�+,,��?y� �u ${offr ,,� C, "4ro�c� WestArrmricm Insurance Company 1912 p� L' 1919 n 1991 0ell d�+�cnu6titrpnnr"Rf4Wa�u Y NOIM1N� dL�.lr6r/� r7 . °�til . rNa s3yy . z By: C David M. Carey, Assistant Secretary of PENNSYLVANIA yofMONTGOMERY On this 17th day of Felxun , 2022 Moro me personalty appealed David M. Carey, who acknowledged himself lobe ale Assistant 5erralary of Liberty Mutual Campariy, Tlin Irlu Cm�uelty nlfkny. aid WH s AwwlrAii litwranur f.uopfiny, and 1hal he, as such, being authorized so to do, execute the foregoing instrument for the lharrin contained by signing on behalf of the Corporations by hlmself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. •Commomvoallh of Pennsylvania - Notary Suat Txma9 Postella, Notary PuMlc ,l 1 Montgomery County j I My commksion expires March 28, 2a25 + _ Cornmissim numher 1126044 . h1"mIN'•. Pam,{yln,nW Atsoclalumd "Plea By: P�Zao /at& eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows; ARTICLE IV —OFFICERS: Section 12, Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any aid all undertakings, bonds, recognizances and other surety obligations. Such ahomeys-in-fact, subject to the limitations sat forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When ao executed, such instruments shalt be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fad under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts: Section 5. Surety Bands and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-irrfact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signod by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Coroy, Assistant Secretary to appoint such altomeysan- fact as may be necessary to ad on behaff of the Company to make, execute, seat, acknowledge and deliver as surety any and all underlakings, fonds, recognizances and olher surety obligations, Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a cerfified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renea C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Coaually Insurance Company, Llbedy Mutual Insurance Company, and West American In Compplry do hereby certify that the original power of attorney of which the foregoing is a full, hue and correct copy of the Power of Attorney execulod by said Companies, is in full fo" and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24th day of March , 2022 INSUR. Oq,Vol., Lt o sn 1912 � dt�f9rAcswc. aa4 &r 7 * sty "14 Wet, " 1 s u# 6igrcen„�e �aqY `P eo"irn4yC� 1919 0 1 1991 O i� Ntirava�� A p YS, e5'orr,%t, yb �41 + li a By, �r_ C16 'y`' Renee C. Uawollyn, Assistant Souelary 28 M�5 c� O CD [V tb Cl) co 0 BIDDER'S CHECKLIST The following checklist is a guideline to help the Contractor make sure all forms are complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid. Bidder's Package should include the following: Bid Document Cover Sheet filled out with Bidder's Name .................... IB Order of Contents.................................................................................131 Invitationto Bid...................................................................................I31 Information for Bidders.......................................................................12 Contractor's Qualification Statement...................................................I3l Complete and notarized..............................................................13 Bidder's Checklist................................................................................ 131 Proposal...............................................................................................12 First line of proposal - filled in...................................................132 Unit prices are correct................................................................ Subcontractor List (contracts over $100K)..........................................133 Subcontractors listed properly....................................................131 Signature....................................................................................133 Contractor Compliance Statement........................................................1331 Date............................................................................................ El Have/have not participated acknowledgment .............................ED Signature and address................................................................ ca Declaration - City of Kent Equal Employment Opportunity Policy ........© Date and signature..................................................................... rl Administrative Policy........................................................................... Statement that Bidder Has Not Been Disqualified ................................ 53 Certification of Compliance with Wage Payment Statutes .................... Proposal Signature Page...................................................................... All Addenda acknowledged......................................................... 0 Date, signature and address.......................................................0 CombinedDeclaration Form.................................................................0 Signature....................................................................................III ChangeOrder Form (Example).............................................................0 Payment and Performance Bond.......................................................... El Contract............................................................................................... The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement is to be executed by the successful bidder. B) PAYMENT AND PERFORMANCE BQNND To be executed by the successful bidder and its surety company. The following form is to be executed after the Contract is completed: A) CITY QFKENT EQUAL MPLO MEN P RT NITY COMPLIANCE SIATfMENT To be executed by the successful bidder AFTER COMPLETION of this contract. INVITATION TO 13ID Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City Clerk's office through March 24, 2022 up to 10:00 AM. as shown on the clock on the east wall of the City Clerk's Office on the first floor of City Hall, 220 4th Avenue South, Kent, Washington. Ail bids must be properly marked and sealed in accordance with this "Invitation to Bid." Bids must be delivered and received at the City Clerk's office by the above -stated time, regardless of delivery method, including U.S. Mail. All bids will be opened and read publicly aloud immediately following 10:00 a.m. for the City of Kent project named as follows; City of Kent Police — Firing Range Ventilation Upgrade Project * FAC22-02 The City Clerk will read the bids out loud from the Clerk's office. Individuals can stand in the lobby outside the Clerk's office during the bid opening. The project consists of the following work at the existing site of the City of Kent Police Range. e Removal and disposal of the existing ballistic range ventilation system. Installation of the new ballistic range ventilation system, in accordance with the indoor flring range ventilation system upgrade provided by SSC Engineering Inc. Should a contract be executed, it is the contractor's responsibility to comply with all COVID-19 workplace health and safety measures established by the state Department of Labor & Industries or otherwise imposed by the Governor, the state Department of Health, or the local Health Officer of Seattle -King County Public Health, or subsequent modifications to such health and safety measures as those authorities may Issue, including providing all needed personal protective equipment. Additionally, should a contract be executed, all persons that require access inside the facility will be subject to WSP background checks and fingerprinted. This is done at no cost to the vendor. The Engineer's estimated range for this project is approximately ($400,000). For technical questions please Email Nate Harper at Il kentwa.gav all questions will be forwarded to the Engineer and be answered via email. All efforts will be made to answer questions as soon as possible. • Each bid shall be in accordance with the plans and specifications and other contract documents now on file in City of Kent Parks Facilities. Bid documents may be obtained by contacting Nathen Harper, Facilities Capital Projects Manager, (253)856-5082, nhaCpc-,rAjai3tWA. ay Plans and specifications can also be downloaded at no charge at There will be a walk-through at 10 A.M. on Wednesday, March 16, 2022 for General Contractors and Sub -Contractors, at the City of Kent Police Range, 24523 116t" Ave SE, Kent 98030. Bids must be clearly marked "Bid" with the name of the project on the outside of the envelope, addressed to the City Clerk, 220 4th Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles or electronic submittals will be considered. Apprentice Utilization Requirements are mandatory for all public works expected to cost one million dollars or more, in which case no less than 15% of the labor hours must be performed by apprentices. KCC 6.01.030. A cashier's check, cash or surety bond in the amount of 50/c of the bid must be included with the bid. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof, Note: The award of the contract will not occur until the City of Kent has reviewed all bids for responsiveness and responsibility determinations and the Kent City Council has formally awarded the contract. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the President's Executive Order No. 11246. No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid opening. Dated this 17th day of February 2022. BY: Kimberley A. K oto, City Clerk k Published: Daily Journal of Commerce on 2/24/22 and 3/3/22 INFORMATION FOR BIDDERS 1. Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work called for in the Contract Documents. The City reserves the right to take whatever action it deems necessary to ascertain the ability of the Bidder to perform the work satisfactorily. This action includes the City's review of the qualification information in the bid documents. The City will use this qualification data in its decision to determine whether the lowest responsive bidder is also responsible and able to perform the contract work. If the City determines that the lowest bidder is not the lowest responsive and responsible bidder, the City reserves its unqualified right to reject that bid and award the contract to the next lowest bidder that the City, in Its soled judgment, determines is also responsible and able to perform the contract work (the "lowest responsive and responsible bidder"). 2. All blanks in the proposal forms must be appropriately filled in. Proposal must contain original signature pages. Facsimiles are not acceptable and are considered non -responsive submittals. 3. All bids must be sealed and delivered in accordance with the "Invitation to Bid." Bids must be received at the City of Kent Facilities office by the stated time, regardless of delivery method, including U.S. Mail. 4. The City also reserves the right to include or omit any or all schedules or alternates of the Proposal and will award the contract to the lowest responsive, responsible bidder based on the total bid amount, including schedules or alternates selected by the City. A bidder who wished to claim error after the Bids have been opened and tabulated shall submit a notarized affidavit signed by the Bidder, accompanied by original work sheets used in the preparation of the Bid, requesting relief from the responsibilities of Award. The affidavit shall describe the specific error(s) and certify that the work sheets are the originals used in the preparation of the Bid. The affidavit and the work sheets shall be submitted to the Project Manager no later than 5:00 p.m. on the first business day after Bid opening, or the claim will not be considered. The Architect will review the certified work sheets to determine validity of the claimed error, and make a recommendation to the City. If the City concurs in the claim of error, the Bidder will be relieved of responsibility, and the Bid Deposit of the Bidder will be returned. Thereafter, at the discretion of the City, all Bids may be rejected or award made to the next lowest responsive, responsible Bidder. 5- The form of contract that the successful bidder, as the Contractor, will be required to execute, and the forms and the amount of surety bonds that it will be required to furnish at the time of execution of the contract are included in the bid documents and should be carefully examined. The contract and the Surety Bonds will be executed in two (2) original counterparts. Within 10 calendar days after the award date, the successful bidder shall return the signed City prepared contract, insurance certification as required by the contract, and a satisfactory bond as required by law. If the successful bidder fails to provide these documents within the 10-day period, the City may, at its sole discretion, reduce the time for completion of the contract work by one calendar day for each calendar day after this 10-day period that the successful bidder fails to provide all required documents. Until the City executes a contract, no proposal shall bind the City nor shall any work begin within the project limits or within City -furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the City. No claim for delay shall be granted to the contractor due to his failure to submit the required documents to the City in accordance with this schedule. 6. The "Payment and Performance Bond" shall remain in force for one year following the Kent City Council "Final Acceptance Date" of the project to ensure defects are corrected during the one-year guarantee period in compliance with WSDOT Section 1-05.10 (Guarantees), and the Performance Bond language of the contract. 7. Any decision made by the City regarding the award and execution of the contract or bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington State Law. Such review, if any, shall be timely filed in the Superior Court of King County, located in Kent, Washington. 8, The Contractor shall include all costs of doing the work within the bid item prices. In the contract plans, contract provisions, addenda, or any other part of the contract require work that has no bid item price in the proposal form, the entire cost of labor and material required to perform the work shall be incidental and included with the bid item prices in the contract. 9. Refer to the insurance requirements in the project contract, which constitute the Contractor's Insurance requirements for this project. CONTRACTOR'S QUALIFICATION STATEMENT (RCW 39.04.350) THE CITY WILL REVIEW THE CONTRACTOR'S RESPONSES TO THIS FORM TO DETERMINE WHETHER THE BIDDING CONTRACTOR IS RESPONSIBLE TO PERFORM THE CONTRACT WORK. THIS FORM INCLUDES CRITERIA ESTABLISHED BY STATE LAW THAT MUST BE MET TO BE CONSIDERED A RESPONSIBLE BIDDER AND QUALIFIED TO BE AWARDED THIS PUBLIC WORKS PROJECT AS WELL AS SUPPLEMENTAL CRITERIA ESTABLISHED BY THE CITY THAT ARE APPLICABLE TO THIS PUBLIC WORKS PROJECT. THE BIDDER SHOULD READ AND RESPOND TO THIS FORM CAREFULLY. Indicia of contractor's responsibility Inherently Involve subjective determinations as to the contractor's ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city has an obligation and a duty to its citizens and its taxpayers to administer its budgets and complete its projects in a businesslike manner. Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perform the contract work. The city's supplemental criteria are based, in large part, on the qualification statement form used by the American Institute of Architects. The city provides these criteria so as to provide the most objective framework possible within which the city will make its decision regarding the bidder's ability to be responsible to perform the contract work. These criteria, taken together, will form the basis for the city's decision that a bidder is or is not responsible to perform the contract work. Any bidder may make a formal written request to the city to modify the criteria set forth in this qualification statement, but that request may only he made within 48 hours of the date and time that the bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening date, whichever occurs first. If the city receives a modification request, it will consider any information submitted In the request and will respond before the bid submittal deadline. If the city's evaluation results in changed criteria, the city will issue an addendum establishing the new or modified criteria. If the city determines that, based on the criteria established in this statement, a bidder is not responsible to perform the contract work, the city will provide written notice of its determination that will include the city's reason for its decision. The bidder has 24 hours from the time the city delivers written notice to the bidder that the bidder is not responsible to perform the contract work to appeal the city's determination. No appeals will be received after the expiration of this 24 hour appeal period. The city may deliver this notice by hand delivery, email, facsimile, or regular mail. In the event the city uses regular mail, the delivery will be deemed complete three days after being placed in the U.S. Mail. The bidder's right to appeal is limited to the single remedy of providing the city with additional information to be considered before the city issues a final determination. Bidder acknowledges and understands that, as provided by RCW 39.04.350, no other appeal is allowed and no other remedy of any kind or nature is available to the bidding contractor if the City determines that the bidder is not responsible to perform the contract work. If the bidder fails to request a modification within the time allowed or fails to appeal a determination that the bidder is not responsible within the time allowed, the city will make its determination of bidder responsibility based on the information submitted. COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID. FAILURE TO PROPERLY COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOUR BID IS NON -RESPONSIVE AND THEREFORE VOID. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED BY: Westmark Construction, Inc. NAME: Jesse Ferguson- Project Manager ADDRESS: 6102 N. 9th St., Ste. 400 Tacoma, WA 98406 PRINCIPAL OFFICE: _ Westmark Construction, Inc. ADDRESS: 6102 N. 9th St., Ste, 400 Tacoma, WA 98406 PHONE: FAX: 253-564-4620 253-566-9441 STATUTORY REQUIREMENTS — Per state law a bidder must meet the following responsibility criteria 1. Required Responsibility Criteria 1.1 Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW. See Attached 1.2 Provide your current state unified business identifier number, 600-040-824 1.3 Provide proof of applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington "Master License Service Registration and Licenses" form is typically sufficient evidence of the requirements of this subsection. See Attached 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39.06.010 or 39,12.065 (3). See Attached 1.5 Provide a signed statement, signed under penalty of perjury by a person with authority to act and speak for your company, that within the three- year period immediately preceding the bid solicitation date, your company is not a "willful" violator as defined in RCW 49.48.082, of any provisions of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. See Attached 1.6 Provide proof that a designated person or persons with your company has either received training from the department of labor and industries or an approved training provider on the requirements related to public works and prevailing wages under chapter 39.04 RCW and 39.12 RCW or provide proof that your company has completed three or more public works projects and have had a valid business license in Washington for three or more years and are exempt from this training requirement. See Attached SUPPLEMENTAL CRITERIA — Established by the City to determine bidder responsibility 2. ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? 73 Years 2.2 How many years has your organization been in business under its present business name? 51 Years 2.2.1 Under what other or former names has your organization operated? Westmark Homes 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: April 7, 1971 2.3.2 State of incorporation: Washington 2.3.3 President's name: Ward Johnson 2.3.4 Vice-president's name(s):Tom Frank 2.3.5 Secretary's name: Brain Johnson 2.3.6 Treasurer's name: 2.4 If your organization is a partnership, answer the following: 2.4.1 Date of organization: 2.4.2 Type of partnership (if applicable): N/A 2.4.3 Name(s) of general partner(s): 2.5 If your organization is individually owned, answer the following: N/A 2.5.1 Date of organization: 2.5.2 Name of owner: 2.6 If the form of your organization is other than those listed above, describe it and name the principals: 3. LICENSING 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. Washington- WESTMC102D3 Oregon-185319 3.2 List jurisdictions in which your organization's partnership or trade name is filed. Washington State 4. EXPERIENCE 4.1 List the categories of work that your organization normally performs with its own forces. Demolition, Supervision, Rough Carpentry, Dumpster Trucking 4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) No 4.2.1 Has your organization ever failed to complete any work awarded to it? No 4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No 4.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years?No 4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) No 4.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. See Attached 4.4.1 State total worth of work in progress and under contract: $12,040, 397.00 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. See Attached 4.5.1 State average annual amount of construction work performed during the past five years: $13,909,086.06 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. See Attached 4.7 On a separate sheet, list your major equipment. Fork Lifts, Trucks, Hooklift, Flatbed, Dumpsters, Containers 5. REFERENCES 5.1 Trade References: See Attached 5.2 Bank References: Columbia Bank - Nori Roman 253-305-0483 5.3 Surety: 5.3.1 Name of bonding company: Liberty Mutural Surety 5.3.2 Name and address of agent: Brandon Bush 206-676-4214 6. FINANCING 1201 Pacific Ave Ste 1000 Tacoma, WA 98402 6.1 Financial Statement. After bid opening, the City may require the following financial information from any of the three apparent low bidders. If so required, the selected bidder(s) must respond with this financial information within 24 hours of the Clty's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 6.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: WILL PROVIDE IF REQUESTED Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). Net Fixed Assets. Other Assets, Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 6.1.2 Name and address of firm preparing attached financial statement, and date thereof: 6.1.3 Is the attached financial statement for the identical organization named on page one? 6.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent - subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 7. SIGNATURE 7.1 Dated at this 24 day of March , 2021. Name of Organization: Westmark Construction, Inc. By: Jesse Ferguson Title: Project Manager 7.2 Jesse Ferguson , being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and swo 6 before me this 24 day of March , 2021. 1, l+ 4. Notary Public: l � My Commission Expires: 2-15-2026 NOTARY :Q P UBLIC '•'•9� s�QN E%V1��;5a �'��,; Department of Labor and Industries PO Box 44450 Olympia, WA 98504-4450 35E WESTMARK CONSTRUCTION INC 6102. N 9114 ST STE 400 TACOMA WA 984062036 WESTMAR.K CONSTRUCTION INC Reg: CC WESTMCI012D3 UBI: 600•040-824 Registered as provided by Law as. Construction Contractor (CC4I) - GENERAL Effective Date: 3123/ 1999 Expiration Date: 3/30/2023 RECEIVED MAR 29 2U1 WtSTIMABK CONM01'11Dt,.IiiL- 1.3 STATE OF WASHINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage WA UBI No. L&I Account ID Legal Business Name Doing Business As Workers' Comp Premium Status Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? License No. License Expiration March 21, 2022 600 040 824 333,439-00 WESTMARK CONSTRUCTION INC WESTMARK CONSTRUCTION INC Account is current. Quarter 4 of Year 2021 "31 to 50 Workers" Employer Services Help Line, (360) 902-4617 Yes WESTMC1012D3 ' 03/30/2023 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12,050 and 51.16.190). WESTMARK CONSTRUCTION, INC, 1.4 Westmark Construction is a responsible bidder and meets the mandatory requirements. We have not been disqualified from bidding under any public works contract under RCW 39.06.010 or 39.12.065 (3). Signed, Ward Johnson President — Westmark Construction, Inc. WESTMARK CONSTRUCTION, INC, 1.5 Westmark Construction is a responsible bidder and meets the mandatory requirements under RCW 49.48.082, determined by Department of Labor and Industries. Signed, way Ward Johnson President — Westmark Construction, Inc. WESTMARK CONSTRUCTION, INC, 1.6 Westmark Construction has performed many public works projects in the past seventy-three years (73) and is exempt from training requirements. Please see attached document. Signed, Naw Ward Johnson President — Westmark Construction, Inc. lahor & Fndusn trs��yl [nt. wa.¢oal Contractors WESTMARK CONSTRUCTION INC Owner or trad_aaparaon 6102 N 9TH ST STE 400 Principals TACOMA, WA 98406-2036 253-564-4620 JOHNSON, WARD M, PRESIDENT PIERCE County PIERCE FRANK, THOMAS A, VICE PRESIDENT JOHNSON, BRIAN CHRISTOPHER, SECRETARY JOHNSON, JOY, SECRETARY (End:03/1112011) JOHNSON, W GLENN, TREASURER (End: 03/23/2011) Doing business as WESTMARK CONSTRUCTION INC WA UBI No. Business type 600 040 824 Corporation License Verify the contractor's active registration / license / certification (depending on trade) and any pest violations. Construction Contractor Active __.. Meets current requirements. License specialties GENERAL License no. WESTMC1012D3 Effective — explration 03/29/1999— 03130/2023 Bond Safeco Ins Cc of America $12,000.00 Bond account no. 695001376 Received by L&I Effective dale 05/06/2012 04/20/2012 Expiration date Until Canceled Insurance BITCO General Ins Corp $1,000,000.00 Policy no. CLP3703996 Received by L&I Effective date 03/18/2021 03/23/2021 Expiration date 03/2312022 Insurance history Savings �I0 savings accounts during the previous 6 year period. Lawaults against the bond or savings FT616i stiffs ag�liia! tfio lao'ni► ar sairiitge accounts during the previous 6 year period. L81 Tax .debts No L&1 tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations MATEiin4i Vi''6106ns during the previous 6 year period. Certifications & Endorsements OMWBE Certifications Flo active certifications exist for this business Apprentice Training Agent li'ogisiu�iir.l trairMrig ngenf. Check their eligible programs and occupations. Workers' Comp Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums. L&I Account ID Account is current. 333,439-00 Doing business as WESTMARK CONSTRUCTION INC Estimated workers reported Quarter 4 of Year 2021 "31 to 50 Workers" L&I account contact TO / KARLA BOWMAN (360)902-6535 - Email: BOWK235@lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects, Re�uftod Training- Effective July 1, 2019 rx-4wlpk wwu this -requirement: Contractor Strikes Wi;frit oiWi bean issued against this contractor. Contractors not allowed to bid Tdo deTiermenfs have been'Isaued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for_ Inspection results date 09/1512020 Violations Inspection no. 317960251 Location 405 Valley Ave NW Puyallup, WA 90371 a }�!W ESTMARK CONSTRUCTION 4.4 Major Constingdon In Propress Percent Scheduled Project Name Location owner Name ownerRepresendative Architect Cont. Amount Complete Dale of Camp. Gig Harbor Storage Gig Harbor, WA Gig Harbor Capital Investors Bujacch Business Park Gig Harbor, WA Bujacich LLC Tacoma Valley Radiolion Onoclogy, Vault Tacoma, WA Tacoma Valley Red. Oncolg US Bank Lakewood Renovation Lakewood, WA US Bank Bayside Elevalor HVAC Tacoma, WA Targa Real Estate BoA Lacey Reslroom Renovatlon Lacey, WA Bank of America BoA Mill Plain HVAC Vancouver, WA Bankof America BoA Hazel Des HVAC Vancouver, WA Bank of America BoA Auburn Central Renovation Auburn, WA Bank of America Je6Hogan Partners Araht.Design Grp- $ 5,963,89266 10% 1/31/2022 Ward Johnson James Guerrero Architects $ 3.800.197,25 5% 1/31/2022 Bully Howard Ferguson Architects $ 1,616,061 00 22% 1/3112022 Arian Buckingham N/A $ 27,274.88 27% 4P2712022 Kristen Sumida NA $ 93,968.00 68% 411812022 Shannon Chen NIA $ 74,199.51 25% 6130/2022 Shannon Chen NIA $ 65.771,00 251/6 6/30/2022 Trevor Jackson NORRArchitecls $ 226,060,00 97% 4I3012022 1�'% W ESTMARK CONSTRUCTION L15 McJor Constneflon Projects In Past 9 Years Project Name Location Owner Name Architect Owner Representative Phone No. Cant. Amount Pert— Date of Comp. Weldmis Gun Shop Tacoma, WA BJRB ProWdes LLC James Guerrero Alchlbids James Gwrtato 2S3-SB1-M S 2,907,753.45 X11% 615/2017 Edgenmks Gimblrg Tacoma, WA Tod Bloxham AHBL Amhlbcl Tod Hloxham 206604-3996 $ 1,918,90233 45% 10/412DIB 1530 Cenlel SL BMg. Tacoma, WA Dwyl Median, R.W. HadetWsal, Aid4nx;b Deyl Macham 303-345-1357 $ 1,1'11,269.00 9D% Nill/2019 Race Gar Shop Tacoma, WA SM%lc I,dusties James Gjam ro ArchWds James Gus mo 253-SBI-M $ 1,600,000,00 32% XV2019 Cenlens Tenant Improvement Tacoma, WA Cedena Comorabon HOL Design 11,yWav Larsen Daryl Med,am 303345-1367 $ 1,046,367.00 B3% 311512019 Tacoma Glass Manufacturing Tacoma, WA TGM Frederickson BBT DesIlIn B Erglneedng J&Nn May 253-581-7679 S 4,11W,8118.29 52% 1U13/2020 Valley Ave. BuWnese Park Puyallup, WA Northwest Bulldlrgo LLC Inoove Amdeasi Bobby BsnsOn 20G652-07,2 S 4,251,320.35 41% 302021 BoA Gig Hatter Renovations GIN Harbor, WA Bankof America Gensler Architects Mad.Ananto 206-7734444 $ 1,127,795A7 98% 4/30/2021 4.6 Ward Johnson President and CEO As President/CEO for the past 29 of 42 years with Westmark Construction, Ward has provided leadership and direction of expanding the capacity of the company and in service. Ward's commitment to developing long-term relationships with heightened standards of excellence and a positive team approach are evident in the longevity of its employees and relationships with architects, clients, subcontractors, and suppliers. As President of Westmark, Ward is responsible for monitoring project management, cultivating outside key relationships, negotiating contracts and selective marketing. RF 1'P0 ILgsF11lI_IT!!F1 • General Management • Project Management • Estimating • Operations ■ Scheduling • Cost Analysis —Value Engineering WESTMARK CONSTRUCTION EDUCATION Construction Management Pierce College COMMUNITY Pierce County Advisory Council Gig Harbor Fire Department Volunteer EMT/Firefighter Youth Program and Non -Profit Organization Contributor SELECTED PROJECTS Walgreens New Construction Enumclaw and Gig Harbor, WA Chase Bank New Construction Lynnwood and Puyallup, WA Gig Harbor Retail New Construction Gig Harbor, WA Bonney Lake Self Storage New Construction Bonney Lake, WA Pacific Lutheran University Various projects Tacoma, WA Robbins Hollow Townhomes New Construction Puyallup, WA 3, ►m 1 , k Vice President A 28-year veteran with Westmark, Tom has been directly responsible for multiple bank projects including nw branches from the ground up to tenant improvements and routine maintenance in Washington and Oregon. Experienced in both public and private works, Tom excels at developing proactive schedules and is committed to achieving high quality results on time and on budget. Tom has a BAS in Construction Management from Central Washington University. RESPONSIBILITIES • Project Management Estimating ■ Scheduling • Cost Analysis WESTMARK CONSTRUCTION www.westmarkconst.cam EDUCATION Bachelor of Science Construction Management Central Washington University SELECTED PROJECTS Bank of America, Overtake Park Major Renovation Seattle, WA Tacoma Radiation Medical Renovation Tacoma, WA Banks f America Central Vau It Major Renovation Seattle, WA Sumner School District Bonney Lake Elementary Public Works Bonney Lake, WA Retail Pad - Bank & Starbucks New Construction Centralia, WA Seatirst/Bsnk of America Covington Branch Kirkland Branch New Construction Western Washington Intel Tenant Improvement Dupont, WA Lakewood Industrial Parr, Multiple Locations Tenant Improvements Lakewood, WA University of Puget Sound Interior & Exterior Improvements Tacoma, WA s:3 F e rg u s c, Project Manager Jesse has been with Westmark Construction for 8 months. Currently serves the company as a project manager. Jesse is experienced in bidding and manages public and private projects. Jesse is dedicated to creating and maintaining a working relationship with owners, architects, and subcontractors. Earning our customers' repeat business, quality workmanship within budget and schedule are key factors of focus for all of our projects. RESPONSIBILITIES Project Management Estimating Scheduling Cost Analysis EDUCATION Computer Science Degree SELECTED PROJECTS AND CUSTOMERS Maplewood Heights Elementary School Corridor Improvements Project Manager Pierce Counting Sheriff Firing Range Improvements Project Manager Eastwynd Apartments Elevator Improvements Project Manager Spanaway Elementary School Railing Improvement Project Manager Bank of America Special Projects Various Locations throughout Washington Columbia Bank Special Projects Various Locations throughout Washington Pre -Construction Design/Team Build Shell/Core New Construction Renovations/Alterations Facilities Service/Maintenance Westmark References 5.1. Trade References BANKING Columbia Bank Fircrest Branch Debbie Patterson (253)566-1172 BONDED & INSURED Propel Insurance Brandon K. Bush (206)676-4214 Liberty Mutual Brandon K. Bush (206)676-4214 CPA Moss Adams Barbara Mead, CPA (253)572-4100 ARCHITECTS/E NGINEE IRS James Guerrero Architects James Guerrero (253)581-6000 Jon Graves Architects Jon Graves (253)272-4212 McGranaham Architects Kate Burnham (253) 383-3084 Zenczak & Partners BZ (253) 475-0380 Jerry Isaksen (253) 475-0380 Partners Archit, Design Group Eric Koch (206)361-1358 TRADE ASSOCIATIONS Associated General Contractors (AGC) of Washington Mandi Kime, Director of Safety (800)562-2868 Associated Builders and Contractors (ABC) Ann Jarvis, Vice President of Safety & Education (42S)679-0403 Construction financial Management Association (CFMA) Michael Verbanic (609)945-2418 CLIENTS Auburn Regional Medical Center Matt Counas (253)333-2549 Cushman & Wakefield, Inc. Debbie Shaw (206)420-4541 University of Puget Sound Jeff Anderson (253)879-3625 Pacific Lutheran University John Kaniss (253)535-7930 Fred Tebb & Sons Rick Tebb (253) 265-2880 John Tebb (253) 847-1951 NW Building LLC Tim Puryear (253)588-4425 BIDDER'S CHECKLIST The following checklist is a guideline to help the Contractor make sure all forms are complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid. Bidder's Package should include the following: Bid Document Cover Sheet filled out with Bidder's Name ....................IN Order of Contents.................................................................................13 Invitationto Bid...................................................................................13 Information for Bidders.......................................................................13 Contractor's Qualification Statement...................................................13 Complete and notarized..............................................................13 Bidder's Checklist................................................................................13 Proposal............................................................................................... 13 First line of proposal - filled in...................................................1XI Unit prices are correct................................................................ Subcontractor List (contracts over $100K)..........................................I33 Subcontractors listed properly....................................................121 Signature....................................................................................133 Contractor Compliance Statement........................................................131 Date............................................................................................ En Have/have not participated acknowledgment .............................E! Signature and address................................................................ Gl Declaration - City of Kent Equal Employment Opportunity Policy ........® Dateand signature.....................................................................!-XA Administrative Policy........................................................................... Statement that Bidder Has Not Been Disqualified ................................ 63 Certification of Compliance with Wage Payment Statutes ....................® Proposal Signature Page......................................................................® All Addenda acknowledged......................................................... Date, signature and address.......................................................© Combined Declaration Form.................................................................© Signature.................................................................................... Change Order Form (Example).............................................................IN Payment and Performance Bond..........................................................® Contract...............................................................................................0 The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement is to be executed by the successful bidder. B) PAYMENT AND PERFORMANCE BOND To be executed by the successful bidder and its surety company. The following form is to be executed after the Contract is completed: A) CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT To be executed by the successful bidder AFTER COMPLETION of this contract. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising Injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's,/Consultant's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. EXHIBIT B (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's/Consultant's Pollution Liabilityinsurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. Coverage may be written on a claims -made basis. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Client#: 115050 WESTCONS14 DATE (MM/DDlYYYY) ACORD,,., CERTIFICATE OF LIABILITY INSURANCE 04/08/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: NTAC Trisha Hankey Propel Insurance PHONE r. A c No . 800 499-0933 No ; 866 577-1326 601 Union Street; Suite 3400 E-MAIL trisha.hanke ro elinsurance.com COM Construction ADDRESS: YG�p P INSURER($ AFFORDING COVERAGE NAIC # Seattle, WA 98101-1371 The Cincinnati Indemnity Company 23280 INSURED Westmark Construction Inc. 6102 North 9th Street, Suite 400 Tacoma, WA 98406 INSURER A: INSURER B: Evanston Insurance Company 35378 INSURER C INSURER D : INSURER E: COVERAGES CERTIFICATE NUMRER- REVISION NUMRFRr THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFRTIFICATF MAY BF ISSUFD OR MAY PFRTAIN, THE INSURANrF AFFORnFD RY THE POI IrIFS DFSCRIRFD HFRFIN IS SIIR,IFCT TO Al I THE TFRMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LTRR TYPE OF INSURANCE ADbLSUBN I SR WVD POLICY NUMBER MIMrfnr)mYY ��CLAIMS, MM/;nr))M/YY LIMITS A X COMMFRCIAI CFNFRAL I (ABILITY EPP0647996 0312312022 03/23/2024 EE/RA�CC�HHp OCCURRENCE $1,000,000 I CLAIMS -MADE I —XI OCCUR ED PREMI$E3 EBoNOcu.6. $100000 x MED EXP (Any one person) $ 5 000 PD Dad: $2,000 _ PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F7X RE O LOC PRODUCTS - COMP/OP AGG $ 2 OOO 000 $ OTHER: A _ AUTOMOBILE LIABILITY EBA0647996 )3/23/2022 03/231202 (Ea accident) E E u (Ea accident) $1000000 e e }� ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY x BODILY INJURY (Per accident) $ PRO ERTY DAMAGE fpar accident $ EPP0647996 A X UMBRELLA LIAO X OCCUR )3/23/2022 03123/2024 EACH OCCURRENCE $10000000 AGGREGATE $1 O 000 000 EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ A COMPRF ENSATION WORKERS COMPENSATION AND EM WORKERS Y/N ANY PROPRIEMRFPARTNERIEXECUTIVE OPMERWEMBER EXCLUDED? (Mendal" in NH) N / A EPP0647996 WA Stop Gap )3/23/2022 03/23/202 PFR DTH- JSTATIJTF� . X ER._ E.L. EACH ACCIDENT $1,000,000 E L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $1,000,000 B Pollution CPLMOL110786 )4/11/2022 04/1112023 $2,000,000/$2,000,000 Liability $2,500 deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project # FAC22-02 Kent Policy Firing Range Ventilation Replacement Project - 24523 116th Ave SE, Kent, WA 98030 City of Kent is named as an Additional Insured, per the attached. [`.rPTIFIrATF "()I nr=rz r.ANr.F-1 I ALTIOW City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE II I ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5136625/M5136407 TT00 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS` COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Pape: 1. Employee Benefit Liability Coverage.......................................................................................3 2. Unintentional Failure To Disclose Hazards.............................................................................9 3. Damage To Premises Rented To You......................................................................................9 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments..................................................................................... .. 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 10 7. Waiver Of Subrogation........................................................................................................... 11 8. Automatic Additional Insured - Specified Relationships:..... .............. 11 • Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises; and • Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment......................................................................... 14 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services............................................................ ......... 15 11. Broadened Notice Of Occurrence......................................................................................... 15 12. Nonowned Aircraft.................................................................................................................. 15 13. Bodily Injury Redefined........................................................................_.......--........................15 14. Expected Or Intended Injury Redefined............................................................................... 15 15. Former Employees As Insureds............................................................................................ 15 16. Voluntary Property Damage Coverage And Care, Custody Or Control Liability Coverage................................................................................................ .. 16 17. Broadened Contractual Liability -Work Within 50' Of Railroad Property ..................... __ 17 18. Alienated Premises.................................................................................................. .......... 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations: or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $ 2,500 Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 1 of 17 b. Loss Of Earnings: $ 500 S. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody Or Control Liability Coverage (Coverage b.) Limits Of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody Or Control TOTAL ANNUAL PREMIUM Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 2 of 17 C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to Section I - Coverages: Employee Benefit Liability Cover- age GA 233 09 17 this endorsement pro- vided: a) You did not have knowledge of a claim or "suit" on or before the "first ef- fective date" of this endorsement. (1) Insuring Agreement You will be (a) We will pay those sums that deemed to have the insured becomes legally knowledge of a obligated to pay as damag- claim or "suit" es caused by any act, error when any "author - or omission of the insured, ized representa- or of any other person for tive"; whose acts the insured is legally liable, to which this i) Reports all, or insurance applies. We will any part, of the have the right and duty to act, error or defend the insured against omission to us any "suit" seeking those or any other damages. However, we will insurer; have no duty to defend ii) Receives a „ against any suit seeking damages to which this in- written or ver- surance does not apply. We bal demand or claim for dam - may, at our discretion, in- ages because vestigate any report of an of the art, Pr - act, error or omission and settle any claim or"suit" that ror or omis- may result. But: sion; and 1) The amount we will pay b) There is no other applicable insur- for damages is limited as described in Section ante. III - Limits Of Insur- (2) Exclusions ante; and This insurance does not apply to: 2) Our right and duty to defend ends when we (a) Bodily Injury, Property have used up the appli- Damage Or Personal And cable limit of insurance Advertising Injury in the payment of judg- "Bodily injury", "property ments or settlements. damage" or "personal and No other obligation or liabil- advertising injury". ity to pay sums or perform (b) Dishonest, Fraudulent, acts or services is covered Criminal Or Malicious Act unless explicitly provided for under Supplementary Damages arising out of any Payments. intentional, dishonest, (b) This insurance applies to fraudulent, criminal or mali- c ious act, error or omission, damages only if the act, er- committed by any insured, ror or omission, is negligent- including the willful or reck- ly committed in the "admin- less violation of any statute. istration" of your "employee benefit program"; and (c) Failure To Perform A Con- 1) Occurs during the policy tract period; or Damages arising out of fail- 2) Occurred prior to the ure of performance of con - tract by any insurer. "first effective date" of Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 17 GA 233 09 17 (d) Insufficiency Of Funds (i) Taxes, Fines Or Penalties Damages arising out of an Taxes, fines or penalties, in - insufficiency of funds to cluding those imposed un- meet any obligations under der the Internal Revenue any plan included in the Code or any similar state or "employee benefit program". local law. (e) Inadequacy Of Perfor- (j) Employment -Related Prac- mance Of Invest- tices ment/Advice Given With Respect To Participation Any liability arising out of any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- ment to perform; (2) Termination of employ- ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign - vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ - that person's decision to ment - related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as result of (1), (2) or above. (f) Workers' Compensation And Similar Laws This exclusion applies whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in - disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup - Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A And B also apply to this ability imposed on a fiduci- Coverage. ary by the Employee Re- tirement Income Security b. Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lia- hereafter amended, or by bility Coverage, Section II - Who Is any similar federal, state or An Insured is replaced by the follow - local laws. ing: (h) Available Benefits (1) If you are designated in the Dec - Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on - effort and cooperation of the ly with respect to the con - insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (b) A partnership or joint ven- ture, you are an insured. Your members, your part - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17 ners, and their spouses are zation. However, coverage under also insureds but only with this provision: respect to the conduct of your business. (a) Is afforded only until the 180th day after you acquire (c) A limited liability company, or form the organization or you are an insured. Your the end of the policy period, members are also insureds, whichever is earlier; and but only with respect to the conduct of your business. (b) Does not apply to any act, Your managers are in- error or omission that was sureds, but only with respect committed before you ac- to their duties as your man- quired or formed the organi- agers. zation. (d) An organization other than a c. Limits Of Insurance partnership, joint venture or As respects Employee Benefit Lia- limited liability company, you bility Coverage. Section III - Limits are an insured. Your "execu- Of Insurance is replaced by the fol- tive officers" and directors lowing: are insureds, but only with respect to their duties as (1) The Limits of Insurance shown in your officers or directors. Section B. Limits Of Insurance, Your stockholders are also 1. Employee Benefit Liability insureds, but only with re- Coverage and the rules below fix spect to their liability as the most we will pay regardless stockholders. of the number of: (e) A trust, you are an insured. (a) Insureds; Your trustees are also in- sureds, but only with respect (b) Claims made or "suits" to their dirties as trustees. brought; (2) Each of the following is also an (c) Persons or organizations insured: making claims or bringing "suits"; (a) Each of your "employees" who is or was authorized to (d) Acts, errors or omissions; or administer your "employee (e) Benefits included in your benefit program"; "employee benefit program". (b) Any persons, organizations (2) The Aggregate Limit shown in or "employees" having prop- SPrtinn B. Limits Of Insurance, er temporary authorization 1. Employee Benefit Liability to administer your Coverage of this endorsement is 'employ- ee benefit program if you the most we will pay for all dam - die, but only until your legal ages because of acts, errors or representative is appointed; omissions negligently committed or in the "administration" of your (c) Your legal representative if "employee benefit program". you die, but only with re- (3) Subject to the limit described in spect to duties as such. That (2) above, the Each Employee representative will have all Limit shown in Section B. Limits your rights and duties under Of Insurance, 1. Employee this Coverage Part. Benefit Liability Coverage of (3) Any organization you newly ac- this endorsement is the most we quire or form, other than a part- will pay for all damages sus- nership, joint venture or limited tained by any one "employee", liability company, and over which including damages sustained by you maintain ownership or major- such "employee's" dependents ity interest, will qualify as a and beneficiaries, as a result of: Named Insured if no other similar (a) An act, error or omission; or insurance applies to that organi- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 5 of 17 (b) A series of related acts, er- tification of the action taken, rors or omissions, regard- you shall promptly reim- less of the amount of time burse us for such part of the that lapses between such Deductible Amount as we acts, errors or omissions; have paid. negligently committed in the d. Additional Conditions "administration" of your "employ- ee benefit program". As respects Employee Benefit Lia- P bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties In The Event Of to the payment of benefits in any Occurrence, Offense, Claim Or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties In The Event Of An (4) Deductible Amount Act, Error Or Omission, Or Claim Or Suit (a) Our obligation to pay dam- ages on behalf of the in- a. You must see to it that sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Decla- may result in a claim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee s dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or Zsuit is brought against (c) The terms of this insurance, any insured, you must: including those with respect to: (1) Immediately record the specifics of the 1) Our right and duty to claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon 2) Your duties, and the du- as practicable. ties of any other in- You must see to it that volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- C. You and any other in- plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le - claim or "suit" and, upon no- gal papers re - Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 6 of 17 ceived in connec- tion with the claim or "suit"; (2) ALlthorl7P.. us to oh- tain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. (2) Item S. Other Insurance is re- placed by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. b. Primary Insurance This insurance is prima- ry except when c. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b. below. Method Of Sharing If all of the other insur- ance permits contribu- e. tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer conLributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this Coverage Part. Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V - Defini- tions is amended as follows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs": b. Interpreting the "em ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation in Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 7 of 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- pensation and disability „ However, administration benefits; and does not include: d. Vacation plans, includ- a. Handling payroll deduc- ing buy and sell pro- tions; or grams; leave of ab- b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security 4, "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover - plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de - to elect to pay for certain leted in their entirety and re - benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- 8, "Employee" means a person grams means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo - a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed - insurance; dental, vision ing in which money damag- and hearing plans; and es because of an act, error flexible spending ac- or omission to which this in - counts: provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed - such benefits are made ing in which such dam - generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro - plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in - subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro - benefits and such bene- ceeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 8 of 17 2. Unintentional Failure To Disclose Haz- 2) Rust or other cor- ards rosion, decay, de- Section IV - Commercial General Liabil- terioration, hidden or latent defect or ity Conditions, 7. Representations is any quality in amended by the addition of the following: property that caus- o teased on our dependence � ence opal �� your rep- es it to damage ge �- or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break - this Coverage Part based solely on such down, including failure. rupture or bursting 3. Damage To Premises Rented To You caused by centrif- ugal force; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A - Bod- shrinking or ex- ily Injury And Property Damage Li- pansion; ability is replaced by the following: Exclusions c. through q. do net apply "property 6) Nesting or tion, or discharge infesta- to damage" by fire, explo- or release of waste sion, lightning, smoke or soot to prod products or secre- premises while rented to you or tem- do by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage To Premises Rented To 7) Presence, growth, You Limit as described in Section III proliferation, - Limits Of Insurance. spread or any ac- b. The insurance provided under Sec- tivity of fungus, in- cluding mold or tion I - Coverage A -Bodily Injury mildew, and any And Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are pro- bothboth rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A - Bodily Injury And (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than I. War and the Nuclear Energy Liabil- any other earth move - ity Exclusion (Broad Form), are ment: deleted and the following are (i1) Water that backs up or added: overflows or is other - This insurance does net apply to: wise discharged from a sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (i) Assumed in any con- tract or agreement; or (iii) Water under the ground surface pressing on, or (ii) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to maintain heat in the building or structure; or (ii) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) "Property damage" to: (i) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage To Premises Rented To You Limit as shown in the Decla- rations is amended as follows: (1) Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A - Bodily Injury And Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits Of Insurance, 3. Damage To Premises Rented To You of this endorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A And B: a. Paragraph 2, is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B. Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. S. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage For Newly Formed Or Acquired Organizations Section II - Who Is An Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: a. Insurance under this provision is af- forded only until the 180th day after Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 10 of 17 you acquire or form the organization use of that part of the prem- or the end of the policy period. ises leased to you, subject whichever is earlier; to the following additional exclusions: 7. Waiver Of Subrogation This insurance does not ap- Section IV - Commercial General Liabil- ply to: ity Conditions, 9. Transfer Of Rights Of Recovery Against Others To Us is (i) Any "occurrence" which amended by the addition of the following: takes place after you We waive any right of recovery we may cease to be a tenant inthat premises; have against any person or organization against whom you have agreed to waive (i1) Structural alterations, such right of recovery in a written contract new construction or or agreement because of payments we demolition operations make for injury or damage arising out of performed by or on be - your ongoing operations or "your work" half of such additional done under a written contract or agree- insured. ment with that person or organization and included in the "products -completed oper- (b) Lessor Of Leased Equip- ations hazard". However, our rights may ment only be waived prior to the "occurrence" Any person or organization giving rise to the injury or damage for from whom you lease which we make payment under this Cov- equipment when you and erage Part. The insured must do nothing such person(s) or organiza- after a loss to impair our rights. our re- tion(s) have agreed per Par - 'At quest, the insured will bring suit or trans- agraph 8.a.(1) of this en- fer those rights to us and help us enforce dorsement to provide insur- those rights. ance. Such person(s) or or- 8. Automatic Additional Insured - Speci- ganization(s) are insureds fled Relationships only with respect to liability for "bodily injury", "property a. The following is added to Section II - damage" or "personal and Who Is An Insured: advertising injury" caused, in (1) Any person(s) or organization(s) whole or in part, by your maintenance, operation or described in Paragraph 8.a.(2) of use of equipment leased to this endorsement (hereinafter re- you by such person(s) or or- ferred to as additional insured) ganization(s). A person's or whom you are required to add as organization's status as an an additional insured under this additional insured under this Coverage Part by reason of a endorsement ends when written contract, written agree- their contract or agreement ment, written permit or written with you for such leased authorization. equipment ends. However, (2) Only the following persons or or- this insurance does not ap- ganizations are additional in- ply to any "occurrence" sureds under this endorsement, which takes place after the and insurance coverage provided equipment lease expires. to such additional insureds is lim- (c) Vendors ited as provided herein: Any person or organization (a) Managers Or Lessors Of (referred to below as ven- Premises dor) with whom you have The manager or lessor of a agreed per Paragraph premises leased to you with 8.a.(1) of this endorsement whom you have agreed per to provide insurance, but on - Paragraph 8.a.(1) of this en- ly with respect to "bodily in- dorsement to provide insur- jury" or "property damage" ance, but only with respect arising out of "your products" to liability arising out of the which are distributed or sold ownership, maintenance or in the regular course of the Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 11 of 17 GA 233 09 17 vendor's business, subject or repair opera - to the following additional tions, except such exclusions: operations per- (i) The insurance afforded formed at the ven- the vendor does not connection opremises in cection with the apply to: sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub - agreement. This stance by or for the exclusion does not vendor: or apply to liability for damages that the 8) "Bodily injury" or vendor would have "property damage" in the absence of arising out of the the contract or sole negligence of agreement: the vendor for its 2) Any express war- own acts or omis- sions or those of ranty unauthorized its employees or by you; anyone else acting 3) Any physical or on its behalf. How - chemical change in ever, this exclusion the product made does not apply to: intentionally by the a) The excep- vendor: tions contained 4) Repackaging, ex- in Paragraphs cept when un- (c) (1) 4) or 6) packed solely for of this en - the purpose of in- dorsement; or spection, demon- b) Such inspec- stration, testing, or tions, adjust - the substitution of ments, tests or parts under in- structions from the servicing as manufacturer, and the vendor has agreed to then repackaged in make or nor - the original con- mally under- tainer; takes to make 5) Any failure to make in the usual such inspections, course of adjustments, tests business, in or servicing as the connection vendor has agreed with the distri- to make or normal- bution or sale ly undertakes to of the prod - make in the usual ucts. course of busi- This insurance does not ness, in connection apply to any insured with the distribution person or organization: or sale of the products; 1) From whom you 6) Demonstration, in- have acquired such products, orany stallation, servicing ingredient, part Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 17 or container, enter- (e) Mortgagee, Assignee Or ing into, accompa- Receiver nying or containing such products; or Any person or organization with whom you have agreed 2) When liability in- per Paragraph 8.a.(1) of this cluded within the endorsement to provide in- "products- surance, but only with re - completed opera- spect to their liability as tions hazard" has mortgagee, assignee, or re - been excluded un- ceiver and arising out of the der this Coverage ownership, maintenance, or Part with respect to use of the premises by you. such products. However, this insurance does not apply to structural (d) State Or Governmental alterations, new construction Agency Or Subdivision Or and demolition operations Political Subdivision - performed by or for that per - Permits Or Authorizations son or organization. Relating To Premises Any state or governmental (3) The insurance afforded to addi- tional insureds described in Par- agency or subdivision or po- agraph 8.a.(1) of this endorse- litical subdivision with which ment: you have agreed per Para- graph 8.a.(1) of this en- (a) Only applies to the extent dorsement to provide insur- permitted by law; and ance, subject to the follow- ing additional provision: (b) Will not be broader than that which you are required by This insurance applies only the written contract, written with respect to the following agreement, written permit or hazards for which the state written authorization to pro - or governmental agency or vide for such additional in - subdivision or political sub- sured; and division has issued a permit or authorization in connec- (c) Does not apply to any per- tion with premises you own, son, organization, vendor, rent or control and to which state, governmental agency this insurance applies: or subdivision or political subdivision, specifically (i) The existence, mainte- named as an additional in- nance, repair, construc- sured under any other provi- tion, erection or removal sion of, or endorsement of advertising signs, added to, this Coverage awnings, canopies, cel- Part, provided such other lar entrances, coal provision or endorsement holes, driveways, man- covers the injury or damage holes, marquees, hoist for which this insurance ap- away openings, side- plies. walk vaults, street ban- ners or decorations and b. With respect to the insurance afford - similar exposures; or ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this (ii) The construction, erec- endorsement, the following is added tion or removal of eleva- to Section III - Limits Of Insurance: tors; or The most we will pay on behalf of the (iii) The ownership, mainte- additional insured is the amount of in- nance or use of any el- surance: evators covered by this insurance. (1) Required by the written contract, written agreement, written permit or written authorization described Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 13 of 17 in Paragraph 8.a.(1) of this en- dorsement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage To Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage To Property under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one 'occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each 'occurrence" which are in excess of the Deductible Amount stated in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties In The Event Of Occurrence, Of- fense, Claim Or Suit, ap- plies to each claim or "suit" irrespective of the amount. Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 14 of 17 (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an 11occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be actinq within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible. no- tice should include: (1) How, when and where the "oc- currence" or offense took place: (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: iius cxciu5wii does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew: and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4, "Bodily injury" is replaced by the following: 4. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees As Insureds The following is added to Paragraph 2. under Section II - Who Is An Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement GA 233 09 17 (a) We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1) Damage is caused by you; or 2) Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b) This insurance applies to "property damage" only if: (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury And Property Damage Liability, 2. Exclusions, except for j. Damage To Property, par- agraphs (3), (4), (5) and (6), k. Damage To Your Product, and I. Damage To Your Work. (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20. "Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody Or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody Or Control Li- ability Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, Subpara- graphs (3), (4) and (5) do not ap- ply to "property damage" to the property of others described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. 1) The "property damage" takes place in the "cov- This Paragraph (2) supersedes erage territory": and any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Custody Or Control Lia- bility Coverage provides cover - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 age shall be deemed to be (3) The Voluntary Property Dam - caused by an "occurrence" but age Coverage, Aggregate Limit shall not serve to limit or restrict Of Insurance is the most we will the applicability of any exclusion pay for the sum of all damages for "property damage" under this under Voluntary Property Coverage Part. Damage Coverage. This limit c. Limits Of Insurance And Deducti- applies separately to each "r_ov- erage term". bles For purposes of the coverage provid- (4) Deductible Clause ed by Voluntary Property Damage (a) Our obligation to pay dam - Coverage and Care, Custody Or ages on your behalf applies Control Liability Coverage, Section only to the amount of dam - III - Limits Of Insurance is amended ages for each "occurrence" to include the following: which are in excess of the (1) The Limits of Insurance shaven in Deductible Amount statedfor the applicable coverage the Declarations are replaced by in the Schedule. The limits the limits designated in Section of insurance will not be re- B. Limits Of Insurance, 16. duced by the application of Voluntary Property Damage such Deductible Amount. Coverage And Care, Custody Or Control Liability Coverage, (b) Section IV - Commercial in this endorsement. These limits General Liability Condi- are inclusive of, and not in addi- tions, 2. Duties In The tion to, the limits being replaced. Event Of Occurrence, Of - The Limits of Insurance shown in fense, Claim Or Suit, ap- the Schedule fix the most we will plies to each claim or "suit" pay regardless of the number of: irrespective of the amount. (a) Insureds: (c) We may pay any part or all (b) Claims made or "suits" of the Deductible Amount to effect settlement of any brought; or claim or "suit" and, upon no- (c) Persons or organizations tification of the action taken, making claims or bringing you shall promptly reim- "suits". burse us for such part of the Deductible Amount as has (2) (a) Subject to (3) below, the been paid by us. Voluntary Property Dam- age Coverage, Each Occur- 17. Broadened Contractual Liability - Work rence Limit Of Insurance is Within 50' Of Railroad Property the most we will pay for the Section V - Definitions, 12. "Insured con - sum of damages under Vol- tract" is amended as follows: untary Property Damage Coverage; a. Paragraph c. is replaced by the fol- lowing: (b) The Care, Custody Or Con - trol Liability Coverage, c. Any easement or license agree - Each Occurrence Limit Of ment: Insurance is the most we will pay for the sum of damages b. Paragraph f.(1) is deleted in its entire - under Care, Custody Or ty• Control Liability Coverage; 18. Alienated Premises because of all "property damage" Exclusion 2 j. Damage to Property, arising out of any one occur- Paragraph (2) under Section I - Cover- rence . age A - Bodily Injury And Property Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 17 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury' or "property damage" caused, in whole or in part, by 'your work" performed under that written contract or written agreement and in cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury', "property damage" or "personal C and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or"prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph 13.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury' or "property damage" included within the "products - completed operations hazard." The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III -Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury' offense is com- mitted: 1. During the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. H. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit' on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or'your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance GA 472 0918 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus° BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisinns of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for 'bodily injury" or "property damage" arising out of the upeidtiun of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is deleted in its entirety and re- placed by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is deleted in its entirety and replaced by the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi- rented by your "employee" under zation for whom you have agreed in a valid a contract in that individual "em- written contract to provide insurance as af- ployee's" name, with your per - forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of. a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment, b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or C. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy or would be an "in- sured" under such policy but for termina- tion of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 6. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a mnnetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above and the deductibles shown In the Schedule are applicable. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE COV- ERAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts - a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "aulos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de - AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of "loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair -Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us ratherthan replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. 'Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er, if you are a corporation; or 1. SECTION V - DEFINITIONS, H. "Insured contract", I.C. is deleted in its entirety and 4. A member or manager, if you are a lim- replaced by the following: ited liability company. c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 ENVIRONMENTAL POLICY NUMBER: EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following, where indicated by an "X" in the checkbox(es) below: ❑ COMMERCIAL GENERAL LIABILITY COVERAGE FORM ❑ CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM ❑ PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM The following is added to the Other Insurance condition: Other Insurance This insurance will be primary and not contributory with any other insurance available to any person or organization under any other third party liability policy if required by a written contract, signed by both parties and executed prior to the commencement of operations or "your work". All other terms and conditions remain unchanged. MEEI 2591 08 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ENVIRONMENTAL POLICY MAMr EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following, where indicated by an X' in the checkbox(es) below: ❑ COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM ❑ PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Please referto each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement mayor may not be defined in all Coverage Forms. The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition: Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization with whom the Named Insured has agreed, in a written contract executed prior to the "occurrence" or "pollution condition", to waive such rights of recovery because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract with that person or organization. All other terms and conditions remain unchanged. MEEI 2592 08 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Ci ly nf K vii I Polio Firina Ri n au Ventila6m Umrativ - Im icA Nunibix: FAC-22-02